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The Congress has the authority to pass legislation not subject to Judicial review so one might wonder why they don’t assert their authority. I have said for years they hide behind courts that implement their true agenda without taking the blame.
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Oh, they shall take the blame coming and going as it were.
It is unfortunate the Citizens are mostly ignorant on the true authorities of govt. Most have no clue on the ability of Congress to do just that; IMO, the ignorance is what govt seeks.
No Q&A, news outlet or the like would ever allow the question of “What good is Congress?” for allowing the over-reach, not removing judges a/o not ‘laying down’ for the courts? IE: Hiding behind the Judiciary, as you point out.
Pre-17th Amendment, the farm team for senators was the state legislatures. Since, its been the House of Reps. Bad. Post-17A, there’s no electoral upside for senators to give a rip about scotus decisions. In order to reestablish the 10th Amendment, and the authority of congress, the 17A must go.